A number of persons occupying a former Dublin city centre guesthouse have two weeks to leave the premises, the High Court has ordered.
Mr Justice Paul Gilligan granted the owners of the property, formerly known as Neary’s Hotel, Parnell Street, an injunction requiring those in occupation to leave the premises and cease trespassing there.
The property has been used as a cafe and social club called the Barricade Inn since March 2015, the court heard.
Lawyers for the owners of the property sought the injunction on grounds including it is in extremely dangerous and unsafe condition.
The case, against a number of unknown persons, was brought by Mary Bergin, executrix of the estate of the deceased owner of the guesthouse, Ellen McGuill, and by Vandelure Ltd, holder of the freehold interest in the property.
The property had been vacant for many years after Mrs McGuill’s death in 2002 and is for sale.
The matter first came before the High Court in October.
Lawyers representing James Cleaver, the only person to appear before the court to answer the injunction application, had raised an issue concerning the directors of Vandelure. It was argued, when the proceedings commenced, the company had no living directors and was not entitled to seek the injunction.
Executrix
Lawyers for Ms Bergin and Vandelure said the late Mrs McGuill was a shareholder in the company and Ms Bergin, as executrix, is also a member of the company.
The court had adjourned the case to allow the issues concerning the company be addressed and when the matter returned before the court on Wednesday, Mr Justice Gilligan was told the company had rectified the situation and the injunction application could proceed. Following an EGM of the company, two new directors have been appointed, the court was told.
After discussions between the parties, Edward Walsh BL, for Mr Cleaver, said his client was consenting to the injunction being made against him on terms including a two week stay and that no costs order be made against him.
In his ruling, Mr Justice Gilligan said he was satisfied from the evidence put before the court the owners were entitled to the injunction pending a full hearing of the matter.
The injunction compels Mr Cleaver and all with knowledge of the orders to vacate and hand over possession of the premises and remove their belongings and any items stored there.
The injunction also prohibits the defendants re-entering the premises until the full action has been heard.
Noting Mr Cleaver’s consent to the orders, the judge said he would put a stay on the order for 14 days, which would allow the occupants time to leave the premises.